N400 Q23 - traffic violation/car accident but no ticket

[thedarkpoetry 5]

Hi everyone,

 

I had a question about Q23 - "Have you ever been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?" A few years ago I got into a car accident that the police report said was my fault due to failure to yield to other car. No drugs, alcohol, etc involved. I got taken to the hospital as a precaution but got let go immediately, other driver was not hurt, so no serious injuries. I didn't get a fine/ticket or any points off my license, so technically was not "cited" even though police report said I was in violation. I'm confused about whether this needs to be listed on Q23. 

 

Does anyone have any thoughts? Thank you!

Edited January 22, 2021 by thedarkpoetry

[JrGoldMiner 63]

If the police determined it was your fault you would have been issued a citation. I'm assuming since they couldn't determine whose fault it is they just noted that down as accident or they just cut you some slack as you were sent to the hospital. Now I'm not a lawyer but that report looks more like for tracking incident and insurance purpose. 

 

So if I were in that situation I'd answer "No" because I wasn't cited/arrested or detained. 

 

If answering No doesn't sit right with you or you're not confident, grab a copy of a police report and ask a competent immigration lawyer for their opinion. Won't cost you more than few hundred bucks at most for an hour. 

 

Good luck. 

[thedarkpoetry 5]

10 minutes ago, JrGoldMiner said:

If the police determined it was your fault you would have been issued a citation. I'm assuming since they couldn't determine whose fault it is they just noted that down as accident or they just cut you some slack as you were sent to the hospital. Now I'm not a lawyer but that report looks more like for tracking incident and insurance purpose. 

 

So if I were in that situation I'd answer "No" because I wasn't cited/arrested or detained. 

 

If answering No doesn't sit right with you or you're not confident, grab a copy of a police report and ask a competent immigration lawyer for their opinion. Won't cost you more than few hundred bucks at most for an hour. 

 

Good luck. 

Thanks for your response. That's the thing, the police report clearly states I was at fault so I'm not sure why I wasn't cited. It's making answering this question tricky... 

[JrGoldMiner 63]

3 minutes ago, thedarkpoetry said:

Thanks for your response. That's the thing, the police report clearly states I was at fault so I'm not sure why I wasn't cited. It's making answering this question tricky... 

No problem.

 

Police report may say it's your fault but read the USCIS question again. "Have you ever been cited, arrested or detained by law enforcement officer?" The answer is No. You didn't receive a citation by an officer where you had to acknowledge/sign on the spot nor did they detain you based on what you've described.

 

Again for peace of mind, please consult a lawyer.  You will be anxious after you submit the application no matter how you answer it because it's not cut and dry. Every time you think of your citizenship application this question will come to mind if you don't feel confident with your answer. 

 

Good luck. 

[thedarkpoetry 5]

1 minute ago, JrGoldMiner said:

No problem.

 

Police report may say it's your fault but read the USCIS question again. "Have you ever been cited, arrested or detained by law enforcement officer?" The answer is No. You didn't receive a citation by an officer where you had to acknowledge/sign on the spot nor did they detain you based on what you've described.

 

Again for peace of mind, please consult a lawyer.  You will be anxious after you submit the application no matter how you answer it because it's not cut and dry. Every time you think of your citizenship application this question will come to mind if you don't feel confident with your answer. 

 

Good luck. 

Ha, you're certainly right that I'll be anxious either way! Thanks again, I may look into chatting to a lawyer. 

[AstroCanada 206]

I don't think you need a lawyer for this.  It is not uncommon at all for police to adjudicate fault in accidents without issuing citations.  Particularly if damages are not major or there were not injuries.

 

I've had a few accidents in my life that were the fault of another driver but the driver's were not cited.  Their insurance coverage paid for the damages.

 

The answer is "NO" you have not been cited.  Feel comfortable that you've answered honestly and move on.

[thedarkpoetry 5]

53 minutes ago, AstroCanada said:

I don't think you need a lawyer for this.  It is not uncommon at all for police to adjudicate fault in accidents without issuing citations.  Particularly if damages are not major or there were not injuries.

 

I've had a few accidents in my life that were the fault of another driver but the driver's were not cited.  Their insurance coverage paid for the damages.

 

The answer is "NO" you have not been cited.  Feel comfortable that you've answered honestly and move on.

Appreciate your response! This makes sense. 

 

[Fr8dog 312]

Most people (including me at the filing point) overthink this question.

You can make an argument for answering "yes" or "no" in the case of simple traffic issues and either one is correct.
If you check "yes" because you feel you were detained by the police (you were not free to leave the scene) than that argument is valid. If you check "no" because you did not get cited and you do not feel you were detained, than that is correct as well. You sign the form stating you have filed it as correctly and truthfully as possible. Unless you think A and mark B you are fine.

The IO will have your whole record in your file and they know exactly what your record looks like (including DMV and police records). When you get interviewed you will get asked the exact same questions again and you can than mention the event and explain what happened. Unless it is a major event (does not sound like yours was) they will nod, type something and move on.
If you have easy access to the reports, bring them with you to the interview if not don't worry about it too much.

No need for a lawyer.

[AstroCanada 206]

1 hour ago, Fr8dog said:

If you check "yes" because you feel you were detained by the police (you were not free to leave the scene) than that argument is valid. If you check "no" because you did not get cited and you do not feel you were detained, than that is correct as well.

Just to be super explicit, you will know if you have been officially detained by a police officer.  If you're not sure if you've been detained, you haven't been detained.

[EternalForeigner 58]

So I began tabulating my the driving records for my upcoming N-400 application. I had licenses from three different states, and got citations in different states (ranging from stop signs to speeding; but nothing serious or reckless or accidents). I looked up my records in all the states in which I had tickets, but I only saw citations for violations that occurred in the same state that I had my license from. They didn't show tickets from out of that state. I can't seem to find those violations though, not even online because they ask for ticket or citation numbers, but I don't have those.

I'm declaring the ones I can account for, but will it hurt me if I don't list those I couldn't account for? In some states and locales I can't even look up a violation without a citation number, and in some I looked myself up only to see nothing in my name.